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Patna High CourtCWJC/13244/2022dismissed

Sardar Sanjay Kumar Singh v. The Director (Primary Education)

2023-02-22Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13244 of 2022 ====================================================== Sardar Sanjay Kumar Singh son of Late Surya Pratap Singh, Resident of Village and Post and P.S.-Sahar (Sahar Ghat), District-Madhubani. ... ... Petitioner/s

Versus

1.

The Director (Primary Education) Education Department, through Addl. Chief Secretary, Education Department, State of Bihar, New Secretariat, Patna.

2.

The District Magistrate, Madhubani.

3.

The District Education Officer, Madhubani.

4.

The District Programme Officer (Establishment), Madhubani. 5.

The Block Development Officer, Benipatti, Madhubani. 6.

The Block Education OFficer, Benipatti, Madhubani. 7.

The President cum Mukhia, Village Panchayat Pannel cum Niyojan Unit Samda Panchayat (Dhanouja), Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kr. Arya, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy 1, SC-13 Mr. Jai Prabhat Kishore, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 22-02-2023 Heard learned counsel for the parties.

2. The petitioner, by way of this writ petition, has prayed as under:- "1. That this is an application to issuance of appropriate writ, order or orders and direction or

Patna High Court CWJC No.13244 of 2022 dt.22-02-2023 2/2 directions to the respondents to release payment of Salary since month of April, 2019 to the petitioner which the respondents have stopped payments uptill now who is primary teacher at Nagar Prathmik Vidyalaya, Deurikutti, Prakhand- Benipatti, District-Madhubani."

2. Admittedly, the petitioner is a Primary Teacher and would be amenable to jurisdiction under the District Appellate Authority. Keeping in view the law laid down by this Court in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), the writ petition is dismissed with liberty to file appeal before the concerned District Appellate Authority.

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 14 AFR/NAFR CAV DATE Uploading Date 25.02.2023 Transmission Date